HomeMy WebLinkAboutApril 18, 2024 - Planning - Committee of AdjustmentTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COMMITTEE OF ADJUSTMENT AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, April 18, 2024
6:45 p.m.
A. Minor Variance Application A-02/24 Froese, 55210 & 55248 Maple Grove Line
B. Minor Variance Application A-04/24 Sawatzy & Friesen, 57070 Eden Line
The April 18, 2024 Committee of Adjustment Meeting
will allow for a hybrid meeting function.
You may attend in person or virtually through the live-stream
on the Municipality of Bayham’s YouTube Channel
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Committee of Adjustment Meeting held March 7, 2024
4. APPLICATION
A. Minor Variance Application A-02/24 Froese, 55210 & 55248 Maple Grove Line
THE PURPOSE of the variance is to retain the legal non-conforming status of a second single-
detached dwelling (currently demolished due to safety concerns) that had existed prior to the date
of the passing of the current Zoning By-law in order to redevelop a new second single-detached
dwelling, whereas only one (1) single-detached dwelling is permitted in the current ‘Agricultural
(A1-A)’ Zone, for the property located at 55210 Maple Grove Line.
THE EFFECT of this variance will be to retain the legal non-conforming status of a second single-
detached dwelling in order to develop/replace with a new single-detached dwelling on the subject
property.
B. Minor Variance Application A-04/24 Sawatzy & Friesen, 57070 Eden Line
THE PURPOSE of this variance is to permit a new accessory building (garage) on the subject
property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law
permits a Maximum Height of 4.5 metres for accessory buildings. The subject lands are located at
57070 Eden Line, north side, and east of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Height to accommodate a new
accessory building (garage) and replace the existing shed on the subject property.
2
5. STAFF PRESENTATION
A. Report DS-25/24 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-02/24 Froese, 55210 & 55248 Maple Grove Line
B. Report DS-26/24 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-04/24 Sawatzky & Friesen, 57070 Eden Line
6. PRESENTATIONS BY APPLICANT/AGENT
7. PUBLIC SUBMISSIONS
8. COMMITTEE QUESTIONS AND DISCUSSION
9. DECISION OF COMMITTEE (Motions)
10. ADJOURNMENT
2
THE EFFECT of this variance will be to permit the conversion of an existing two-storey single-
detached dwelling of 240 m2 (2,583 ft2) in gross floor area to a seasonal Supplementary Farm
Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing
permanent building for the time period between April 1st and November 30th.
5. STAFF PRESENTATION
A. Report DS-07/24 by Margaret Underhill, Secretary/Treasurer re Committee of Adjustment
Minor Variance A-03/24 Roy Schrijver Farms Ltd., 53777 Talbot Line
Secretary/Treasurer M. Underhill presented Report DS-07/24.
6. PRESENTATIONS BY APPLICANT/AGENT
There were no presentations made.
7. PUBLIC SUBMISSIONS
There were no public submissions. The Secretary/Treasurer noted no comments on file.
8. COMMITTEE QUESTIONS AND DISCUSSION
There were no committee questions.
9. DECISION OF COMMITTEE (Motions)
Moved by: Committee Member Froese
Seconded by: Committee Member Weisler
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-07/24 regarding the Roy
Schrijver Farms Ltd. minor variance be received;
AND THAT the Committee of Adjustment considered all written and oral submissions received
on this application, the effect of which helped the committee to make an informed decision;
AND WHEREAS the Committee agrees that the proposed variance as presented meets Section
45.1(1) of the Planning Act and is considered minor;
THEREFORE application A-03/24 submitted by Roy Schrijver Farms Ltd. pursuant to Section 45
of the Planning Act for a minor variance, is granted to allow relief from Municipality of Bayham
Zoning By-law No. Z456-2003:
Section 5.2 Permitted Uses - to permit the conversion of an existing two-storey single-
detached dwelling of 240 m2 (2,583.3 sq. ft.) in gross floor area to a Supplementary Farm
Dwelling to accommodate a maximum of ten (10) seasonal farm labourers in the existing
permanent building for the time period between April 1st and November 30th, subject to the
owner entering into a Development Agreement with the Municipality.
A-02/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JESSE FROESE
LOCATION: 55210 MAPLE GROVE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-02/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, April 18th, 2024, at 6:45 pm in the Municipal
Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance
to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. Committee of
Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of
Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of the variance is to retain the legal non-conforming status of a second single-
detached dwelling (currently demolished due to safety concerns) that had existed prior to the date
of the passing of the current Zoning By-law in order to redevelop a new second single-detached
dwelling, whereas only one (1) single-detached dwelling is permitted in the current ‘Agricultural
(A1-A)’ Zone, for the property located at 55210 Maple Grove Line.
THE EFFECT of this variance will be to retain the legal non-conforming status of a second single-
detached dwelling in order to develop/replace with a new single-detached dwelling on the subject
property.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal
consideration is given to all written and oral presentations provided prior to or at the public
meeting. When possible, please consider utilizing written correspondence to be submitted
to the undersigned by 4:00 pm on April 11, 2024 to be included in the Committee of
Adjustment agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 5th day of April 2024.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
A-04/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: CORNELIUS SAWATZY AND TRUDY FRIESEN
LOCATION: 57070 EDEN LINE, EDEN
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-04/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on Thursday, April 18, 2024, at 6:45 pm in the Municipal
Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance
to Zoning By-law No. Z456-2003 under Section 45 of the Planning Act. Committee of
Adjustment Meetings may also be viewed virtually through the live-stream on the Municipality of
Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to permit a new accessory building (garage) on the subject
property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law
permits a Maximum Height of 4.5 metres for accessory buildings. The subject lands are located
at 57070 Eden Line, north side, and east of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Height to accommodate a new
accessory building (garage) and replace the existing shed on the subject property.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal
consideration is given to all written and oral presentations provided prior to or at the public
meeting. When possible, please consider utilizing written correspondence to be submitted
to the undersigned by 9:00 am on Friday, April 12, 2024 to be included in the Committee of
Adjustment agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 5th day of April 2024.
Margaret Underhill
Planning Coordinator/Deputy Clerk
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
E: munderhill@bayham.on.ca
W: www.bayham.on.ca
Hamlet of Eden
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: April 18, 2024
REPORT: DS-25/24 FILE NO. C-07 / D12.FROE
Roll # 34-01-000-006-03700 SUBJECT: Committee of Adjustment Minor Variance A-02/24 Froese, J & S
55210 & 55248 Maple Grove Line, Eden
BACKGROUND
Jesse and Sarah Froese have submitted a minor variance application for property located at
55210 & 55248 Maple Grove Line, north side and described as Concession 8 Lots 14, 15. The property is designated “Agriculture” on Schedule ‘A1’ – Land Use and “Significant Woodlands” and “Hazard Lands” on Schedule ‘A2’ – Constraints of the Bayham Official Plan. The lands are
currently zoned as Agricultural (A1-A) on Map No. 5 of Zoning By-law No. Z456-2003. The purpose of the variance is to retain the legal non-conforming status of a second single-detached dwelling (currently demolished due to safety concerns) that had existed prior to the date of the passing of the current Zoning By-law in order to redevelop a new second single-detached dwelling, whereas only one (1) single-detached dwelling is permitted in the current ‘Agricultural (A1-A)’ Zone. The effect of this variance will be to retain the legal non-conforming status of a second single-detached dwelling in order to develop/replace with a new single-detached dwelling on the subject property. DISCUSSION The planner’s memorandum attached, dated April 10, 2024, outlines the full analysis of the
application in regards to the four “tests” for variances and Case Law in Ontario regarding the expansion of legal non-conforming uses and the required tests for conformity.
The Owner wishes to construct a new dwelling within the next three (3) years when finances permit. Staff at this time cannot provide any further opinion on the requirements for construction without any plans. Quoting from the planner’s memorandum, “Arcadis is recommending that if the applicant wishes to build a new single-detached dwelling larger and/or beyond the building envelope and floor area of the previously demolished single-detached dwelling, a subsequent Minor Variance application would be required. Expanding beyond the previous building footprint and gross floor area without the necessary approval from the Committee of Adjustment would be contrary to Section 45(2) of the Planning Act.”
Staff Report DS-25/24 Froese Page 2
Staff and planner concur the application meets the criteria and recommends granting the minor variance to permit the retention of the legal non-conforming status of a second single-detached dwelling. STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. Application for Minor Variance A-02/24 Froese, J & S 2. Arcadis Memorandum, dated April 10, 2024
RECOMMENDATION
THAT the Committee of Adjustment Secretary/Treasurer’s report DS-25/24 regarding the Froese minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variance as presented meets Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-02/24 submitted by Jesse and Sarah Froese pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law No. Z456-2003:
• Section 4.10 - to retain the legal non-conforming status of a second single-detached dwelling that had existed prior to the date of the passing of the current Zoning By-law in order to redevelop a new second single-detached dwelling in the future, whereas only one (1) single-detached dwelling is permitted in the current ‘Agricultural (A1-A)’
Zone, and further, with the approved Minor Variance Application A-02/24, a subsequent Minor Variance Application would be required if the applicant wishes to build a new single-detached dwelling larger and/or beyond the original building envelope and floor area of the previously demolished single-detached dwelling.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
101-410 Albert Street
Waterloo, ON, N2L 3V3
Memorandum
To/Attention Municipality of Bayham Date April 10, 2024
From Christian Tsimenidis, BES Project No 3404 - 927
cc William Pol, MCIP, RPP
Subject Jesse Froese - Application for Minor Variance to Zoning By-law
#Z456-2003 - 55210 Maple Grove Line
Background
1. We have completed our review of Minor Variance Application A-02/24, submitted
by the applicant/owner, Mr. Jesse Froese, for the subject property located at
55210 Maple Grove Line. The applicant is requesting a Minor Variance under
Section 45 of the Planning Act to retain the legal non-conforming status of a
second single-detached dwelling that had existed prior to the date of the passing
of the current Zoning By-law in order to redevelop a new ‘second’ single-detached
dwelling in the future, whereas only one (1) single-detached dwelling is permitted
in the current ‘Agricultural (A1-A)’ Zone.
2. The applicant/owner purchased the subject property in 2021 with the intention to
retain the legal non-conforming status of a single-detached dwelling that was built
in 1910. The single-detached dwelling in question was, however, demolished by
the owner in 2023 as the building was in a state of disrepair to the point that it was
a safety hazard. The owner obtained a Demolition Permit from the Municipality of
Bayham in 2022. The owner intends to develop a new single-detached dwelling
on or within close proximity to the original location of this demolished dwelling.
The owner has stated that this new dwelling will be constructed within the next
three (3) years until the owner is in a financial position to do so. Further analysis
with respect to the legal non-conforming status and demolition is provided in
Paragraphs 5 through 11 of this Memo below.
Subject Property and Surrounding Area
3. The subject property is currently designated as ‘Agriculture’ in Schedule ‘A1’ –
Land Use of the Bayham Official Plan. The rear portion of the subject property is
also within the ‘Significant Woodlands’ and ‘Hazards Lands’ designation in
Schedule ‘A2’ – Constraints of the Bayham Official Plan. The subject property is
currently zoned as Agricultural (A1-A) in Schedule ‘A’, Map No.5 of the Bayham
Zoning By-law No. Z456-2003. The subject property has an estimated lot area of
53.0 hectares (130.96 acres) and an approximate lot depth of 1,060.0 metres
ARCADIS MEMORANDUM
Municipality of Bayham – April 10, 2024
2
(3,478.5 feet). The subject property is currently utilized for an existing agricultural
operation and accommodates an existing ‘primary’ single-detached dwelling built
in 1955, detached garage, barn, large shop, and a supplementary farm dwelling.
Two (2) driveway accesses exist along Maple Grove Line to the subject property
and will remain as they exist today.
4. The subject property is surrounded by agricultural lots in all directions. The subject
property is adjacent to a significant woodlands and hazard lands to the rear of the
property. The proposed single-detached dwelling will not be located within or
adjacent to these identified significant woodlands and hazard lands.
Planning Analysis
Legal Non-Conforming Status
Was the use ‘lawful’ when it was established?
5. The first step is to determine whether or not the use in question was ‘lawful’ and/or
permitted when it was established. Section 34(9) sets out in statute the
longstanding common law principle of acquired rights and prohibits Zoning By-
laws from interfering with the ability to use land in a way that was legally occurring
when such as use became prohibited by a zoning by-law. The section reads:
(9) No by-law passed under this section applies,
(a) to prevent the use of any land, building or structure for any
purpose prohibited by the bylaw if such land, building or structure
was lawfully used for such purpose on the day of the passing of
the by-law, so long as it continues to be used for that purpose.
6. Often referred to as “grandfathering”, legal non-conforming rights are uses or
development standards that were in-force and effect at the time the use was
established on a property, then, due to changes in zoning, became prohibited. As
per the information provided by the applicant, the ‘second’ single-detached
dwelling (to maintain its legal non-conforming status) was built in 1910, and the
existing ‘primary’ single-detached dwelling that is inhabited by the owners was
built in 1955.
7. Based on the information provided by the Municipality of Bayham Staff, the
Municipality of Bayham’s first Zoning By-law No. 2040 was passed in 1980
whereby the A1 Zone permitted single-family dwellings (i.e. more than one)
related to agricultural operations, and single-family dwellings lawfully in existence
as of the date of the passing of the By-law. Further, Zoning By-law No 2387
passed was passed in January 1988, whereby the Explanatory Note of the By-
law it states, “The existing comprehensive Zoning By-law of the Township,
adopted in 1980 and subsequently amended, will be replaced by this new Zoning
By-law.” The A1 Zone permitted uses in the 1988 Zoning By-law notes:
ARCADIS MEMORANDUM
Municipality of Bayham – April 10, 2024
3
Single-family detached dwellings lawfully in existence as of the date of the
passing of this By-law or on lots existing as of the date of the passing of
this By-law;
One mobile home on a farm as a supplementary housing to the farm
operation;
8. Based on the above, it can be said that constructing more than one (1) single-
detached dwelling on an A1 Zone parcel was prohibited from 1988 and beyond in
the Municipality of Bayham. Therefore, given that both single-detached dwellings
existed prior to 1988, the two (2) single-detached dwellings were lawfully
established uses on the subject property in 1910 and 1955.
Was the use continuous?
9. The second step is to determine whether the use is continuous and not
abandoned since the 1988 Zoning By-law. As per Section 34(9) of the Planning
Act noted above, it is necessary that the legal non-conforming use continues
without interruption. As mentioned in this Memo, the single-detached dwelling in
question was demolished by the owner in 2023 as the building was in a state of
disrepair to the point that it was a safety hazard. Despite the building being
demolished and/or no longer existing, Case Law in Ontario has held that where
the non-conforming use is interrupted due to circumstances at least partially
outside of the owner’s control, where the owner maintains an intention to
resume the use throughout the period of interruption, and the owner uses
the land throughout the period of interruption to the extent possible, the use
will be continued for the purposes of subsection 34(9) of the Planning Act.
Therefore, the legal non-conforming status of this application does not rely on the
fact that the building on the subject property was demolished, but rather, it relies
on whether the use by the current and prior owner(s) was continuous, and the
owners maintained the intention to resume the use after it not being inhabited.
10. In order to address the above noted question, the applicant/owner is required to
provide the Municipality of Bayham confirmation that from 1988 (when more than
one single-detached dwelling was prohibited on an A1 Zone parcel) to when the
current owner bought the property in 2021, that the dwellings were used for
residential occupancy and there was clear intention to restore and/or reconstruct
the ‘second’ single-detached dwelling. This can be in the form of an affidavit from
previous owners to attest to that fact. The applicant/owner was able to provide
Municipal Staff affidavits from the previous owners. The following provides a
breakdown of the timelines and details from the previous owners and current
owner, Mr. Jesse Froese:
a. 1988 – 1998: The previous owner stated that his family occupied and
rented out the dwelling between the timeframe of 1988 to 1998 when the
property was sold. Arcadis is of the opinion that this demonstrates the
dwelling was inhabited by the previous owner and not abandoned.
ARCADIS MEMORANDUM
Municipality of Bayham – April 10, 2024
4
b. 1998 – 2021: The previous owner who purchased the property in 1998
stated that his family and former employees occupied the dwelling until
2018, at which point the house was unsafe to due to disrepair. While the
intent/effort was maintained to repair the building throughout this period of
interruption, due to external factors causing the damage and the high
costs to repair the dwelling at the time, it was uninhabited and the property
was sold to the current owner in 2021.
c. 2021 – Present: The current owner, being the applicant Mr. Jesse Froese,
has demonstrated in intention to use the property and the second dwelling
structure for the use of a residential dwelling, as per actions taken to date.
Historical email correspondence with Municipal Staff, the steps taken
towards demolishing the former structure for safety issues, as well as
applying for this Minor Variance show reasonable diligence in that regard.
11. Based on the above, it is Arcadis’s opinion that the use is continuous, and the
legal non-conforming rights were not forfeited since the passing of the 1988
Zoning By-law. Therefore, the ‘second’ single-detached dwelling to be
reconstructed is considered a legal non-conforming use.
Expansion of Legal Non-Conforming Use
12. In order to expand the use beyond the building as it existed on the day when the
use became legal non-conforming, Section 45(2) of the Planning Act empowers
the Committee of Adjustment to allow for legally non-conforming uses to expand
beyond the building where their use was located. The section reads:
(2) In addition to its powers under subsection (1), the committee, upon
any such application,
(a) where any land, building or structure, on the day the by-law
was passed, was lawfully used for a purpose prohibited by the
by-law, may permit,
(i) the enlargement or extension of the building or structure, if the
use that was made of the building or structure on the day the
by-law was passed, or a use permitted under subclause (ii)
continued until the date of the application to the committee, but
no permission may be given to enlarge or extend the building
or structure beyond the limits of the land owned and used in
connection therewith on the day the by-law was passed.
13. The test for whether the Committee should allow the expansion of a legal non-
conforming use is not the ‘traditional’ four (4) tests commonly applied to an
application under Section 45(1) of the Planning Act. The Act provides no such
specific guidance on the grounds that Committee should consider, however, Case
Law in Ontario notes that the expansion of legal non-conforming uses would be
required to meet the following tests (per Fraser v. Rideau Lakes (Township)):
ARCADIS MEMORANDUM
Municipality of Bayham – April 10, 2024
5
a. whether the application is desirable for appropriate development of the
subject property; and
b. whether the application will result in undue adverse impacts on the
surrounding properties and neighbourhood (and only with respect to the
expansion, not the original use, and only based on objective evidence or
obvious impacts sufficient to override the property owner’s acquired right).
14. The applicant did not provide supporting buildings plans as part of the submission
package with respect to the redevelopment of the ‘second’ single-detached
dwelling. As per the applicant and previously mentioned in this Memo, the new
dwelling will be constructed within the next three (3) years until the owner is in a
financial position to do so, given that the property was only recently purchased in
2021.
15. Therefore, at this time, Arcadis cannot provide an opinion and/or analysis with
respect to the expansion of the legal non-conforming use beyond the original
building footprint and gross floor area, given that no building plans or elevations
have been provided. As such, Arcadis is recommending that if the applicant
wishes to build a new single-detached dwelling larger than the original
2,152.0 square feet (199.9 square metres) floor area of the previously
demolished single-detached dwelling, a subsequent Minor Variance
Application would be required. Expanding beyond the previous building
footprint and gross floor area without the necessary approval from the Committee
of Adjustment would be contrary to Section 45(2) of the Planning Act.
Conclusions and Recommendations
16. Based on our review of this application for a minor variance, Arcadis has no
objection to the proposed variance to retain the legal non-conforming status of a
second single-detached dwelling that had existed prior to the date of the passing
of the current Zoning By-law in order to redevelop a new second single-detached
dwelling in the future, whereas only one (1) single-detached dwelling is permitted
in the current ‘Agricultural (A1-A)’ Zone, and further, with the approved Minor
Variance Application A-02/24, a subsequent Minor Variance Application
would be required if the applicant wishes to build a new single-detached
dwelling larger than the original 2,152.0 square feet (199.9 square metres)
floor area of the previously demolished single-detached dwelling.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
REPORT
DEVELOPMENT SERVICES
TO: Committee of Adjustment Members
FROM: Margaret Underhill, Secretary/Treasurer Committee of Adjustment
DATE: April 18, 2024
REPORT: DS-26/24 FILE NO. C-07 / D12.SAWA
Roll # 34-01-000-006-19100 SUBJECT: Committee of Adjustment Minor Variance A-04/24 Sawatzky, C and Friesen, T
57070 Eden Line, Eden
BACKGROUND
Cornelius Sawatzky and Trudy Friesen have submitted a minor variance application for property
located at 57070 Eden Line, north side and described as Plan 113 Lot 3 E Pt Lot 2. The property is designated “Hamlets” on Schedule ‘A1’ – Land Use in the Bayham Official Plan. The lands are currently zoned as Hamlet Residential (HR) on Schedule ‘D’ Eden of Zoning By-law No. Z456-
2003. The purpose of this variance is to permit a new accessory building (garage) on the subject property with a Maximum Height of 5.5 metres, whereas Section 9.5.1 of the Zoning By-law permits a Maximum Height of 4.5 metres for accessory buildings. The effect of this variance is to permit an increased Maximum Height to accommodate a new accessory building (garage) and replace the existing shed on the subject property. DISCUSSION
The Owner wishes to construct a new oversized detached garage with a defined height of 5.5 metres, whereas 4.5 metres is permitted. The planner’s memorandum attached, dated April 10, 2024, outlines the full analysis of the application in regards to the four “tests” for variances.
The Owner has indicated an interest in adding an Additional Residential Unit (ARU) to the upper level of the detached garage in the future. The Owner has been advised that the construction of
the garage should account for the future ARU in regards to the sanitary connection, fire separation between the units, and to be equipped with working carbon monoxide and smoke alarms once it is a residential area. Staff would recommend a condition requiring a grading plan addressing water runoff to ensure water is not directed to the neighbouring properties. Staff and planner concur the application meets the criteria and recommends granting the minor variance to permit the construction of the over-height detached garage at 57070 Eden Line.
Staff Report DS-26/24 Sawatzky Friesen Page 2
STRATEGIC PLAN Not applicable. ATTACHMENTS
1. Application for Minor Variance A-04/24 Sawatzky, C and Friesen, T 2. Arcadis Memorandum, dated April 10, 2024 RECOMMENDATION THAT the Committee of Adjustment Secretary/Treasurer’s report DS-26/24 regarding the Sawatzky Friesen minor variance be received; AND THAT the Committee of Adjustment considered all written and oral submissions received on this application, the effect of which helped the committee to make an informed decision; AND WHEREAS the Committee agrees that the proposed variance as presented meets Section 45.1(1) of the Planning Act and is considered minor; THEREFORE application A-04/24 submitted by Cornelius Sawatzky and Trudy Friesen
pursuant to Section 45 of the Planning Act for a minor variance, is granted to allow relief from Municipality of Bayham Zoning By-law No. Z456-2003:
• Section 9.5.1 Maximum Height for Accessory Buildings – to permit a Maximum Height of 5.5 metres for an accessory building (detached garage), whereas 4.5 metres is permitted in the Hamlet Residential (HR) Zone. Conditions:
1. That an approved engineered grading plan for the property, including the future detached garage, is required prior to the issuance of a building permit for the
detached garage. 2. That the owner includes garage eavestroughs and downspouts on the Building Plans demonstrating that water is not directed towards the west property line prior to the issuance of a building permit.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Secretary/Treasurer Committee of Adjustment Chief Administrative Officer
101-410 Albert Street
Waterloo, ON, N2L 3V3
Memorandum
To/Attention Municipality of Bayham Date April 10, 2024
From Christian Tsimenidis, BES Project No 3404 - 935
cc William Pol, MCIP, RPP
Subject Cornelius Sawatzky and Trudy Friesen - Application for Minor
Variance to Zoning By-law #Z456-2003 - 57070 Eden Line,
Eden
Background
1. Arcadis has completed a review of Minor Variance application A-04/24,
submitted by Cornelius Sawatzky and Trudy Friesen for the subject property
located at 57070 Eden Line in the Hamlet of Eden. The application is requesting
a Minor Variance under Section 45 of the Planning Act to develop an accessory
detached garage, granting relief from Section 9.5.1 of the Zoning By-law to
permit a Maximum Height of 5.5 metres, whereas 4.5 metres is permitted for
accessory buildings.
2. The proposed accessory building will be utilized by the applicant/owner for the
storage of personal vehicles on the ground floor, as well as personal storage
space on the second storey. The applicant/owner has expressed interest in
converting the second storey storage space into an Additional Residential Unit
(ARU) at some point in the future, however, a review of the Zoning By-law for
compliance and a Building Permit Application would be required prior to
constructing such a use, should the owners pursue.
Subject Property and Surrounding Area
3. The subject property is currently designated ‘Hamlets’ in Schedule ‘A1’ – Land
Use in the Bayham Official Plan. The subject property is currently zoned as
Hamlet Residential (HR) in Schedule ‘D’ (Eden) of the Bayham Zoning By-law
No. Z456-2003. The subject property has a lot area of 1,411.9 square metres
(0.14 hectares) and a lot depth of 45.4 metres (149.0 feet). The subject property
is currently developed with a single-detached dwelling, as well as an accessory
shed in the rear yard. As per the applicant, the existing accessory shed will be
removed and replaced with the proposed detached garage. The subject property
is immediately surrounded by low-rise residential uses, as well as some
commercial and institutional uses being located in the Hamlet of Eden. The
adjacent property to the north is currently an agricultural lot, however, this
ARCADIS MEMORANDUM
Municipality of Bayham – April 10, 2024
2
property is also located within the Hamlet of Eden boundary and zoned ‘HR(h2)
for future low-rise residential use.
Planning Analysis
4. Section 45(1) of the Planning Act outlines the four (4) “tests” with which the
Committee of Adjustment must be satisfied when considering an application for
a minor variance to the Zoning By-law. The following provides an analysis of
these four (4) tests with respect to the proposed variance:
Does the variance maintain the general intent and purpose of the Official
Plan?
The ‘Residential’ land use designation is intended to encourage and support the
development of single-detached dwellings in order to maintain a low-rise
residential built-form.
The proposed accessory structure to accommodate a detached garage for
personal vehicles and storage would be a complementary accessory use to the
existing/permitted single-detached dwelling on the subject property, given that
no detached or attached garage exists on-site today. Development within the
‘Residential’ land use designation shall also be compatible with the existing
adjacent and surrounding land use. As such, it is Arcadis’s opinion that the
proposed height of the accessory building maintains the low-rise built-form and
respects the existing surrounding properties and neighbourhood from a
compatibility perspective.
Therefore, it is our opinion that the proposed variance maintains the general
intent and purposes of the Bayham Official Plan.
Does the variance maintain the general intent and purpose of the Zoning
By-law?
The intent of Section 9.5.1 of the Zoning By-law to permit a Maximum Height of
4.5 metres for accessory buildings and structures within the ‘HR’ Zone is to
maintain the low-rise built form of 1 to 2 storeys in height.
It is Arcadis’s opinion that the proposed height of 5.5 metres (2-storeys) for the
detached garage still maintains the intended low-rise built form of the existing
HR Zone and surrounding area. Further, the proposed Maximum Height of 5.5
metres for the accessory building is still smaller than the permitted Maximum
Height of 10.5 metres for the main building/single-detached dwelling, thus
maintaining its accessory nature to the primary use. The existing fencing and
landscaping, as well as the proposed Side Yard Depth of 2.1 metres along the
western side lot line also meet the minimum requirement, thus providing
sufficient separation and a visual buffer from the proposed detached garage
should there be concerns of overlook. All other provisions of the Zoning By-law
will be met, meaning no additional variance are required.
ARCADIS MEMORANDUM
Municipality of Bayham – April 10, 2024
3
Therefore, it is our opinion that the proposed variance meets the general intent
and purpose of the Zoning By-law, as it maintains compatibility with the intended
low-rise built form.
Is the variance minor in nature?
It is Arcadis’s opinion that the requested variance is minor in nature, as the
proposed Maximum Height for the detached garage represents an exceedance
of 1.0 metre, which will not present significant impacts to adjacent properties or
the overall neighbourhood. As such, it is Arcadis’s opinion that overall proposed
height, siting, and orientation of the proposed accessory building are designed
to respect the existing surrounding properties and neighbourhood.
Is the variance desirable for the appropriate development or use of the
lands?
It is our opinion that the proposed variance is desirable for the appropriate
development or use of the land, as it will facilitate the construction of a detached
garage on the subject property which is permitted in the Zoning By-law.
Currently, the subject property does not accommodate any existing attached or
detached garage, only a 2.78 m2 (30.0 ft2) shed. Arcadis is of the opinion that
the proposed height and scale, as well as the orientation and siting of the
detached garage is compatible with the existing site and surrounding
neighbourhood and can therefore be considered desirable for the appropriate
development or use of the land.
Conclusions and Recommendations
5. Based on our review of this minor variance application, Arcadis has no
objection to the proposed minor variance to provide relief from Section 9.5.1 of
the Zoning By-law to permit a Maximum Height of 5.5 metres for an accessory
building (detached garage), whereas 4.5 metres is permitted.
Christian Tsimenidis
Arcadis Professional Services (Canada) Inc.
Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham